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Copperleaf Subdivision MDA 13-016ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; BOISE IDAH011l20I13 09:45 AM DEPUTY Bonnie Oberbillig II I II IIIIIIII I II I II II III II I II IIII I III RECORDED-REQUEST OF I Meridian City 11' 1 ~r,5°~ SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Providence Properties, LLC, Owner/Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this~~'day of ~1:~~.~~~ , 2013, ("SECOND ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Providence Properties, LLC whose address is 701 South Allen Street, Suite 108, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. City and OWNER and/or former OWNER entered into that certain Development Agreement that was recorded on May 9, 2012 in the real property records of Ada County as Instrument No. 112043739 ("DEVELOPMENT AGREEMENT") and an Addendum to Development Agreement that was recorded on November 8, 2012 in the real property records of Ada County as Instrument No. 112117349 ("ADDENDUM"). B. City and OWNER/DEVELOPER now desire to amend the Development Agreement and First Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and Addendum, except as specifically amended as follows: Section 4 -USES PERMITTED BY THISAGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code ~ 11- 2A. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Section 5 - CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: I.PPp~rl~2~` Subdivision MDA-13-016 Page t S.1 The applicant shall comply with the submitted conceptual elevations attached in Exhibit A. The rear (or side) of structures on Lots 10, 13 and 14, Block 1 that back up to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. 5.2 Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from E. Arch Drive. A sub street shall be provided to the property to the west (parcel #S11041211105) for future interconnectivity. 5.3 The site shall be developed into a residential subdivision consisting of sixteen (16) single family building lots consistent with the conceptual development plan and building elevations included in Exhibit A. 5.4 The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. S.5 The applicant will be responsible to stub sewer and water services to 4315 E. Ustick Road, parcel # S1104121105. Contact Meridian Public Works for size and routing. S. 6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208) 898-5500 for inspections or disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources, Contact Robert B. Whitney at (208) 334-2190. S. 7 Any existing septic systems within this project shall be removed from .service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208) 375-5211. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum and the Project Site shall be subject to de-annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and Cc~p~~.rif~l~ Subdivision MDA-13-016 Page 2 there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. This Addendum shall be effective as of the date herein above written. 6. Except as amended by this Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Providence Properties, LLC CITY OF MERIDIAN By; ./~ a~-C.~ Mayor Ta de Weerd ATTEST: ~ ~~ t~ <~; ~ ~ IiJ /1 Fi0 ?• `' S F.~~ r~ 1~~~ ~~a ,Jj R the THE qSd Holman, City Clerk CoPR=~'Ir~~~ Subdivision MDA-13-016 Page 3 STATE OF IDAHO, ) ): ss County of ) On this ~~'day of ~~, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared ~;~ ~~ ~ , o~,YYl,t; ,known or identified to me to be the of Providence Properties, LLC and the person who executed the above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) .••SP~..««+.• C ''. ;`~-~~'•tyOTgRY •'a Notary Public for da -~'- ~.~ = Residing at: ~ t ` My Commission Expires: .,~9T ..... O P.j. •. STATE OF IDAHO ) County of Ada ss On this~_ day of ~~©V~ m~~y. , 2013 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ `, (SEAL) • G ,, p, • • ~~ti~ ~; -~- ~ -. No Publi f Idaho ~~ Residing at: ~ ~; ~-~ Commission expires: ~ ~I ~- ~'Y~~rle~~ Subdivision MDA-13-016 Page 4 f.',xhiUit A Exhibit A, C~ncel~taal Building Elevations